Matthews Folbigg Lawyers

28/05/2026

Before issuing a Prevention Notice, it is essential for Council to conduct an independent investigation to gauge ‘reasonable suspicion’.

This article considers the recent decision in Doon v Snowy Valleys Council [2025] NSWLEC 1514, clarifying that complaints alone cannot justify the issuing of a prevention notice, and Council must rely on objective evidence to determine whether the noise constitutes ”offensive noise”.

A recent decision of the Land and Environment Court in Doon v Snowy Valleys Council [2025] NSWLEC 1514, confirms that the ‘reasonable suspicion’ required to issue a Prevention Notice under the Protection of the Environment Operations Act 1993 (POEO Act) is not arbitrary and must be based on obje...

07/05/2026

In the recent decision of Estate of Wilson [2025] NSWSC 1056, the Supreme Court of NSW examined whether its inherent jurisdiction was needed to provide judicial advice to an administrator of a deceased estate when considering family provision claims, or whether the Court could rely upon section 63 of the Trustee Act 1925 (NSW), given the Administrator’s position as a Trustee (as defined under that Act). The case also considers in a summary fashion the approach to applications for advice.

Read our article on this decision:

In the recent decision of Estate of Wilson [2025] NSWSC 1056, the Supreme Court of NSW considered whether it should exercise its inherent jurisdiction to provide judicial advice to an independent administrator, in the context of a family provision claim. This case clarifies the Court’s approach to...

23/04/2026

The decision in Cooper v Official Receiver [2025] FCA 1155 is a first of its kind, where a bankruptcy trustee sought a review of the bankruptcy regulator’s refusal to issue a statutory notice. To understand the importance of the decision in Cooper v Official Receiver [2025] FCA 1155, read our article.

By Amelia Fearnside and Parnia Firouzabadi, Law Clerks of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group. In a decision which appears to be the first of its kind, a bankruptcy trustee has taken the bankruptcy regulator to Court to overturn its refusal to issue a statutory...

09/04/2026

Ordinary unsecured creditors are normally at the back of the queue and share rateably in the leftover amounts for distribution in insolvency. However in both corporate and personal insolvency it is possible to apply to Court to jump the queue in the right circumstances.

The case of Ford Kinter & Associates Pty Ltd v Reliance Franchise Partners Pty Ltd (in liq) [2025] FCA 139 is an example of how the Court recognises and rewards unsecured creditors who take risks to assist in the recovery of assets in an insolvent administration.

Read our article on this decision:

By Lara Wehbe a Law Clerk of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group. In an insolvent winding up, by definition there are not enough assets to go around. Priority of payment is paramount, however ordinary unsecured creditors are, ordinarily, last in the queue. The....

07/04/2026

Last week, solicitors Katherine McCarthy, Ellie Smith and Jessica Brand had the pleasure of attending DVT McLeods’ Ladies Luncheon hosted at the Crown Hotel Parramatta.

The event was a fantastic opportunity to network with other trailblazing women in the legal profession who shared their experience and insights with our team.

Matthews Folbigg would like to thank DVT Mcleods for hosting the event and showing continued support for women in professional industries!

26/03/2026

Receiving a statutory demand from a creditor claiming that your company owes money can be daunting and stressful.

Seeking professional advice is a great way to assess the options available, so that you can respond quickly to a demand before it expires.

To learn more about statutory demands and how to comply with them, read our article:

By Parnia Firouzabadi and Lara Wehbe Law Clerks of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group Receiving a statutory demand from a creditor claiming that your company owes money can be quite an overwhelming experience, particularly if you are unfamiliar with the proces...

12/03/2026

In CEG v Cooper as liquidator of Runtong (in liq) [2025] FCAFC 47, the Full Federal Court overturned a finding that a secured loan to two related companies was an unreasonable director related transaction (s588FDA Corporations Act 2001 (Cth)). The Full Federal Court confirmed that although “benefit” should be interpreted broadly (so the directors were found to have received an indirect benefit), in the circumstances of the case it could not be said that no reasonable person in the company’s position would have entered into the transaction.

The liquidator then sought special leave to appeal, which was refused by the High Court, and so the Full Federal Court’s decision remains an important recent consideration of claims under s588FDA.

To learn more, read our article:

By Harold Peng, a Solicitor of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group. The High Court has refused special leave to appeal in the dispute between CEG Direct Securities Pty Ltd (“CEG”) and the liquidator of Runtong Investment and Development Pty Ltd (in liq) (.....

19/02/2026

If a trust deed is missing, all hope is not lost. Losing an original trust deed is not an uncommon occurrence brought before the Courts.

Depending upon the circumstances and the evidence which is available, it is possible to rectify the situation and move forward with a trust structure, giving certainty to beneficiaries and trustees, even where an original trust deed is no longer available.

Read our article on the case:

By Rebecca Georges, a Law Clerk of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group Although there are adverse problems that can arise when a trust deed is missing, destroyed, or misplaced, trust us when we say all is not lost! In fact, losing an original trust deed is not....

05/02/2026

There is extensive case law on when and whether a bankruptcy notice will be valid. Strict compliance with the form has been a theme of the cases, given the significant implications of non-compliance with a bankruptcy notice. However, a bankruptcy notice is a prescribed form under the Bankruptcy Regulations 2021 (Cth) which has changed over time. It is therefore critical to consider whether (and if so how) previous case law still applies to the current form of a bankruptcy notice.

The case of Scenic Rim Regional Council v Cutbush (No 3) [2025] FCA 1103, considers the current prescribed form of bankruptcy notice and concludes that it may now be harder to set aside a bankruptcy notice including where the creditor uses a post office box as the address for payment of the outstanding debt.

Read our article on the case:

By Lara Wehbe a Law Clerk of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group. If a creditor provides a post office box for payment of a bankruptcy notice will the notice be considered valid? We can now look to the case of Scenic Rim Regional Council v Cutbush (No 3) [2025]...

29/01/2026

The orders made in Ogbonna v CTI Logistics Ltd (No 7) [2025] FCA 1125 left a practical question hanging: If a sequestration (bankruptcy) order is set aside, what happens next, and who pays the legal costs that have built up over years of litigation?
Those “next steps” are dealt with in Ogbonna v CTI Logistics Ltd (No 8) [2025] FCA 1525. To learn more about the outcome of this case, read our article below.

By Harold Peng, a Solicitor of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group.   Ogbonna v CTI Logistics Ltd (No 8) [2025] FCA 1525 (3 December 2025) In October 2025, we published a case note on Ogbonna v CTI Logistics Ltd (No 7) [2025] FCA 1125 (“Ogbonna 7”), where ...